Labor & Human Resources

Specialized legal services for important corporate resources

Compliance with Employment and Labor Laws

It is hard to underestimate the importance of human resources in just about any business. Employees are important assets, and labor-related costs, such as salaries and benefits, are often a company’s largest expense. Non-compliance with employment and labor related laws can result in significant monetary and reputational damages. Therefore, it is important to address labor issues from a risk-management perspective. Mori Hamada & Matsumoto assists clients in complying with relevant labor-related laws and regulations and addressing labor issues promptly when they arise in order to minimize potential financial exposure.

Employment and Labor Consultation

The work environment and employee attitudes have been undergoing something of a transformation in Japan, and it is increasingly the case that issues cannot be resolved with the employment management systems previously used. Our firm has broad experience in assisting clients with the labor and employment issues they face in their day-to-day business operations. The firm has recently been advising many clients on matters relating to redundancy, management of part-time employees and temporary staff, and work-sharing.

Changes to Personnel Systems

When amending personnel policies such as employment rules and other internal regulations, it is important to pay close attention to a number of judicial precedents that set out a variety of procedures and standards that should be followed. Failure to satisfy these standards may affect the legality of the relevant personnel program. We often assist clients in making amendments to their personnel policies to make sure that the changes that are implemented will be legally effective. We also draw upon our experience and knowledge of case practice in advising clients to make sure that their personnel policies are not only compliant with relevant laws and regulations, but are also suitable for the client given the nature of their business.

Labor Issues related to M&A and Company Restructurings

Labor issues are often important considerations in connection with M&A transactions. In these transactions it is important to achieve a smooth transfer of employees, establish appropriate HR programs and take necessary steps to comply with applicable labor and employment laws and regulations. For example, consultation with unions is sometimes required and issues may arise regarding redundancy and reassignment of human resources. We have substantial experience in providing legal advice for companies facing HR and employment issues in connection with M&A transactions.

Overseas Companies with Japanese Operations

It can be difficult for non-Japanese companies with subsidiaries or branches in Japan to understand Japanese laws and cultural issues relating to employment and labor. We have a great deal of experience advising multinational corporations about Japanese labor issues and dispute resolution procedures. Further, we provide legal advice related to expatriates working in Japan.

Dispute Resolution

Due to recent changes in the labor market and the introduction of a Labor Tribunal system, there has been a dramatic increase in labor related disputes. Appropriate handling of these labor disputes is a very important aspect of a company's risk management as it can help prevent further disputes from arising in the future. Options for resolving labor disputes vary in Japan, and include labor tribunals, formal litigation, provisional injunctions and mediation at labor offices. We have lawyers with experience handling all of these types of proceedings. We also have lawyers who have a great deal of experience handling negotiation sessions prior to commencement of formal legal proceedings, and attending collective bargaining meetings. Our goal is to ensure quick and smooth resolution of labor disputes.

Labor Law Practice Group

The team consists of approximately 10 core members who have substantial expertise and experience. We actively follow newly introduced laws and governmental notices and research any apparent labor trends in order to provide comprehensive legal services to our clients.

Related Information

Labor & Human Resources: Related Practices

Mergers & Acquisitions:Mergers & Acquisitions
General Corporate:Corporate Governance
Regulatory:Compliance, Other Regulations/Consumer Laws
Litigation/Dispute Resolution:Litigation/ADR

Labor & Human Resources